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When Banks don't Act on FOS Findings

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  • Cotta
    Cotta Posts: 3,667 Forumite
    The complaint has been passed the manager and logged as a complaint against FOS services, I should expect a call within 48 hours.
  • masonic
    masonic Posts: 27,278 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    I am stunned that your email was interpreted as a complaint. Hopefully the manager will be the same one who has looked over this case previously.
  • Cotta
    Cotta Posts: 3,667 Forumite
    The following came through:


    Dear Mr. Cotta,

    I managed to get through to TSB and they have no idea why you haven't been paid and are more than happy to pay you. In light of this are you happy to accept payment and cancel the call with a FOS Manager?

    Kind Regards
    FOS
  • eskbanker
    eskbanker Posts: 37,214 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Cotta wrote: »
    The following came through:


    Dear Mr. Cotta,

    I managed to get through to TSB and they have no idea why you haven't been paid and are more than happy to pay you. In light of this are you happy to accept payment and cancel the call with a FOS Manager?

    Kind Regards
    FOS
    Excellent! Sounds like she's getting worried now, and rightly so, given what will happen when her actions are opened up to scrutiny.

    I'd suggest that you go back along the lines of:

    Dear adjudicator,

    While I'm encouraged to hear that TSB have accepted your decision, you'll recall that they also verbally indicated such acceptance on 13 December but have failed to make the payment in the two months since then (and have repeatedly suggested during this time that they'll reject your decision), so you'll understand why I'd have difficulty in simply accepting this at face value. Therefore, while happy to accept this payment, I still wish to proceed with discussions with management....

    Regards,

    Cotta
  • Cotta
    Cotta Posts: 3,667 Forumite
    eskbanker wrote: »
    Excellent! Sounds like she's getting worried now, and rightly so, given what will happen when her actions are opened up to scrutiny.

    I'd suggest that you go back along the lines of:

    Dear adjudicator,

    While I'm encouraged to hear that TSB have accepted your decision, you'll recall that they also verbally indicated such acceptance on 13 December but have failed to make the payment in the two months since then (and have repeatedly suggested during this time that they'll reject your decision), so you'll understand why I'd have difficulty in simply accepting this at face value. Therefore, while happy to accept this payment, I still wish to proceed with discussions with management....

    Regards,

    Cotta


    I have just sent exactly this :)
  • I think that you should accept the payment from TSB but continue with your complaint about the adjudicator's service.
    Debt Totals July 2019::
    [STRIKE]£350 Natwest Credit Card [/STRIKE]/ ]Now £0 (paid off and closed 04/2017) £15,500 postgrad loan from parents/ Now £7,000 £5,000 sister loan/ Now £0[STRIKE]£500 train ticket loan from parents [/STRIKE]/ Now £0 (paid off 16/02/18)[STRIKE]£2,000 Overdraft[/STRIKE] Now £0 (paid off 09/03/18) £1,967.83 Barclays 0% card Now £0
    Total £7,000
  • eskbanker
    eskbanker Posts: 37,214 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    I think that you should accept the payment from TSB but continue with your complaint about the adjudicator's service.
    Agreed - the adjudicator obviously thinks that payment would be enough to make this go away but I think Cotta would be entirely justified in pursuing the complaint about how this has been handled, regardless of the payment finally being made.

    Without going back over the entire thread, I can think of a number of aspects of her conduct that ought to be reviewed by her management, including (but not limited to):
    1. Her apparent failure to communicate clear deadlines in writing to TSB
    2. Her repeated attempts to discourage Cotta from escalating to an ombudsman on the basis that any award would probably be lower (and definitely not higher)
    3. Her premature closure of the case without resolution
    4. Her repeated expectation that Cotta should respond extremely quickly to any of her requests/demands, with no equivalent urgency for TSB actions
    5. Her repeated references to TSB as 'colleagues', with all the connotations that brings
  • Cotta
    Cotta Posts: 3,667 Forumite
    eskbanker wrote: »
    Agreed - the adjudicator obviously thinks that payment would be enough to make this go away but I think Cotta would be entirely justified in pursuing the complaint about how this has been handled, regardless of the payment finally being made.

    Without going back over the entire thread, I can think of a number of aspects of her conduct that ought to be reviewed by her management, including (but not limited to):
    1. Her apparent failure to communicate clear deadlines in writing to TSB
    2. Her repeated attempts to discourage Cotta from escalating to an ombudsman on the basis that any award would probably be lower (and definitely not higher)
    3. Her premature closure of the case without resolution
    4. Her repeated expectation that Cotta should respond extremely quickly to any of her requests/demands, with no equivalent urgency for TSB actions
    5. Her repeated references to TSB as 'colleagues', with all the connotations that brings


    On point 1 there seems to be confusion between FOS and TSB. FOS advise they did indicate a deadline while TSB have no idea why it wasn't met. I must say I find TSB's disregard for FOS alarming.
  • eskbanker
    eskbanker Posts: 37,214 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Cotta wrote: »
    On point 1 there seems to be confusion between FOS and TSB. FOS advise they did indicate a deadline while TSB have no idea why it wasn't met. I must say I find TSB's disregard for FOS alarming.
    Have you seen clear evidence of FOS advising TSB of any deadlines, i.e. copies of letters, emails, etc, that were definitely sent from FOS to TSB?

    TSB undoubtedly haven't covered themselves in glory on this but the FOS complaint is all about their own performance, although part of this is their apparent inability to get TSB to take action.
  • Cotta
    Cotta Posts: 3,667 Forumite
    Two emails in one day, I am feeling lucky.


    Dear Mr. Cotta,

    I am sorry to learn that you remain dissatisified although I would reiterate that our colleagues at TSB are willing to send across the funding. I have asked them why it took nine weeks to get to this stage when they were offered three from us and they are unable to explain the delay. As there is a breach here if I was to have a word with my colleague at TSB and ask them to offer something to put this delay right would that satisfy you and we could then close off the need for a call from a Manager?

    Please let me know by 15:00 today.

    Kind Regards
    FOS.
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